BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1835
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          ASSEMBLY THIRD READING
          AB 1835 (Fletcher)
          As Amended  May 25, 2012
          Majority vote 

           PUBLIC SAFETY       6-0         APPROPRIATIONS      17-0        
           
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          |Ayes:|Ammiano, Knight, Hall,    |Ayes:|Fuentes, Harkey,          |
          |     |Hagman Mitchell, Skinner  |     |Blumenfield, Bradford,    |
          |     |                          |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Ammiano, Hill, Lara,      |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
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          SUMMARY  :   Amends provisions of the Sex Offender Registration 
          Act.  Specifically,  this bill  authorizes any person who is 
          trained to administer the State Authorized Risk Assessment Tool 
          for Sex Offenders (SARATSO) dynamic tool and future violence 
          tool, to have access to all relevant records pertaining to a 
          registered sex offender, including, but not limited to:

          1)Criminal histories;

          2)Sex offender registration records;

          3)Police reports;

          4)Probation and presentencing reports;

          5)Judicial records and case files;

          6)Juvenile records;

          7)Psychological evaluations and psychiatric hospital reports;

          8)Sexually violent predator treatment program reports; and, 

          9)Records that have been sealed by the courts of the Department 
            of Justice. 

           EXISTING LAW  :








                                                                  AB 1835
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          1)Requires individuals convicted of specified sex offenses to 
            register with the chief of police, sheriff, or a chief of 
            police of a public university if he or she is residing on 
            campus, within five working days of coming into, or changing 
            his or her residence within any city or county.  

          2)Specifies that any person who is required to register as a sex 
            offender because of a misdemeanor conviction, who violated any 
            provision of the Sex Offender Registration Act, is guilty of a 
            misdemeanor punishable by imprisonment in the county jail for 
            not more than one year.  

          3)Specifies that any person who is required to register as a sex 
            offender because of a felony conviction or has a previous 
            misdemeanor conviction for failure to comply with the 
            provisions of the Sex Offender Registration Act, who violates 
            any provision of the Sex Offender Registration Act, is guilty 
            of a felony punishable by imprisonment in the state prison for 
            16 months, or two or three years.  

          4)Establishes the STATIC-99 risk assessment scale as the SARATSO 
            static tool for adult males.  

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee, negligible fiscal impact.

           COMMENTS  :   According to the author, "AB 1835 will assist in the 
          implementation of the Containment Model component of Chelsea's 
          Law. First, it will provide minor technical cleanup to limit the 
          potential liability of sex offender management professionals. 
          Second, the bill will address potential legal issues which would 
          arise should a sex offender be erroneously identified as 
          low-risk and transferred to post-release community supervision. 
          Current law is unclear as to whether that individual may legally 
          be transferred to state supervision as a parolee."

          Please see the policy committee analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by  :    Milena Blake / PUB. S. / (916) 319-3744 










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